Every year, many Australians undergo plastic surgery for medical or cosmetic reasons. They may go under the knife to improve their appearance or to correct medical issues after an accident. Unfortunately, some individuals can become victims of a failed job. With this, there may be other implications.
In such cases, when you suspect that the failure is caused due to a botched surgery, you can claim medical negligence. Read on to know how law advice can help.
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Cosmetic Surgeries and Negligence Claims in Australia
Cosmetic surgery is a fairly broad term that encompasses anything from skin graft procedures to the correct severe skin burns or breast augmentation or reduction surgeries. Whatever the reason, the individuals choosing the process believe that their life will become better and more comfortable post-surgery.
Botched plastic surgery procedures can result from various reasons, one of which is medical negligence. And the highest number of medical malpractice claims related to plastic surgeries is for severe complications that arise after breast augmentation procedures.
When you face such a situation, you must confirm if you have sufficient grounds to file a medical negligence lawsuit.
Here are some of the common grounds to file the case:
- Failure to check the patient’s medical history
- Negligence in taking the patient’s informed consent
- Surgery performed by non-certified plastic surgeons
- Surgery performed outside of the hospital
- Usage of inadequate or incorrect surgical equipment
If you still doubt whether you are entitled to sue the medical professionals or the hospital, it is better to consult cosmetic surgery lawyers to advise you on the steps to take in your particular situation.
When Does the Cosmetic Surgeon Have Liability?
Cosmetic surgeons are expected to demonstrate the highest medical competency when performing the surgery. Failing to provide the expected medical standards and not informing about the possible complications that may result after the elected procedure may fall under medical negligence.
The cosmetic surgeon can be held accountable if they failed to debrief you about common post-surgery complications, such as:
- Infection
- Scarring
- Hematoma
- Nerve and organ damage
Filing the Medical Negligence Claim
Having knowledgeable Law Advice lawyers by your side can help immensely during these troubled times. Competent cosmetic surgery lawyers can build the most persuasive case possible by helping you prove that:
- Your plastic surgeon has breached the duty of care owed to you.
- They failed to act reasonably, or they acted negligently.
- As a result of the cosmetic surgeon’s actions, you sustained life-altering injuries.
Time Limitation to File the Medical Negligence Case
Often, the complications from a botched cosmetic procedure do not appear soon after the surgery. So, most people file medical negligence claims long after they have undergone the original cosmetic procedure. To determine if you are within the legal time frame, speak to your compensation lawyers immediately after you start suspecting medical negligence.
Compensation You May Receive
The compensation awarded is supposed to return you to the position you would be in if the negligence had not occurred. However, this may not be entirely possible as the physical consequences of a failed plastic surgery can have long-lasting effects. Usually, amounts awarded are of two types: special and general damages.
These cover medical expenses, wrongful death, loss of income, and compensation for pain and suffering. Contact your Law Advice lawyers today to know your next course of action.
